Williams Scotsman v. Gagliardi CA4/1

Good Law
Court of Appeal of CaliforniaJuly 24, 2024D081776California5,027 words

Opinion

Opinion

INTRODUCTION

Pamela Gagliardi appeals from a judgment for replevin and damages. The judgment directs her to return a modular office unit to its rightful owner, Williams Scotsman, Inc. (WSI), or pay WSI damages of $22,000 for converting it to her own use. The judgment further directs Pamela to pay $9,752.40 to WSI for loss of use during the period WSI was deprived of possession. Pamela contends (1) WSI failed to sue her within the statute of limitations, (2) WSI lacked standing to sue because it was not the owner of the modular office unit, (3) the trial court committed various evidentiary errors during trial, (4) the “elements of replevin were not satisfied,” and (5) the trial court calculated damages incorrectly. Pamela forfeited most of her arguments on appeal by failing to raise issues at the trial court level and failing to comply with the rules of appellate procedure here on appeal. We address her statute of limitations, standing, and liability arguments. We see no reason to exercise our discretion to address her other forfeited arguments. We affirm the trial court’s judgment on all points.

PROCEDURAL AND FACTUAL BACKGROUND

I. WSI’s Modular Office Unit Is Rented by a Third…

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